This study examines how the African Court of Justice and Human Rights can be more effective in human rights protection in Africa. At its core, it scrutinizes the current African human rights regime, its weaknesses and strengths. The study argues that for the African Court of Justice and Human rights to be an effective institution, it must remedy the shortcomings encountered by the African Commission on Human and Peoples' Rights as well as the African Court on Human and Peoples' Rights'. This thesis acknowledges that one of the main challenges for the consumers of human rights in Africa has been to find an effective forum in which the rights of the most vulnerable can be vindicated. It is argued that for the African Court of Justice and Human Rights to be an effective institution in Africa, it must position itself alongside African traditional judicial institutions and learn lessons from other well-established regional human rights institutions.

Inadequate provisions for dealing with corporate insolvency are a significant obstacle in the economic development of Thailand. Companies which continue to trade even after they are unable to pay their debts (insolvent trading), often experience meltdowns that result in deep insolvencies that severely impact their creditors. In the Asian Financial Crisis in 1997, the Thai economy was significantly impacted by the insolvent trading practices of Thai companies. The Pin Chakkaphak case, in which the Thai government unsuccessfully sought a UK court to extradite Pin Chakkaphak, the then CEO of Fin One, for providing uncommercial loans to insolvent subsidiary companies, is a leading example of how Thai laws are neither effective nor adequate to deal with the problem of insolvent trading. Nevertheless, in spite of the known problems, current Thai corporate and insolvency laws still do not provide specific provisions or measures to regulate insolvent trading. Developed countries, such as the United Kingdom, Australia, the United States and Germany, have specific statutory or common law provisions to control insolvent trading. In addition, the United Nations Commission on International Trade Law (UNCITRAL), provides the 'Legislative Guide on Insolvency Law' by recommending the imposition of specific obligations on company directors to take appropriate action in order to minimise potential losses in the period approaching insolvency. An essential component of good corporate governance frameworks, whether at the domestic or international level, is the specification of the director's obligations and liabilities with respect to insolvent trading.

In today's fast moving business world, international arbitration has been widely used as an alternative dispute resolution mechanism to litigation. Arbitration's popularity is due to the fact that the proceedings are fast, confidential, and flexible. In addition, another significant reason why people choose to arbitrate their disputes is that arbitral awards are final and binding. There is no need to spend a lot of time and money to resolve the conflict. Thus, the finality of arbitral awards is crucial. The drafters of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (known as the 'New York Convention') value the finality of arbitral awards. Therefore, the grounds to refuse the recognition and enforcement of foreign arbitral awards under art V of the Convention are exhaustive. One of the grounds is the public policy exception which has been considered as a loophole of the New York Convention. Even though the language of the Convention simply uses the term 'public policy', international organisations, judges, and scholars have made efforts to indicate that the public policy exception should be construed narrowly - namely international public policy. Although the New York Convention has a high proportion of Contracting States, this does not appear to guarantee that these Contracting States will fully comply with the Convention. The public policy exception, in particular, can be problematic as it is sometimes used in some States as a shield by the national courts to protect the enforcing States' national or local interests. Consequently, it could be argued that there are instances when the Contracting States violate the principle of finality and limited review of arbitral awards. This thesis argues that the law and practice concerning the application and interpretation of the public policy exception under the Thai Arbitration Act B.E. 2545 (2002) is problematic. In order for Thailand to fulfil its obligations and be an attractive place of investment and arbitration, reform of the Thailand's arbitration law in relation to the application of the public policy exception is required.